Do all beneficiaries in a wrongful death claim have to agree to bring a lawsuit?
The person appointed as the personal representative of the wrongful death victim’s estate may bring a lawsuit, regardless of whether all potential beneficiaries agree to do so.
If the wrongful death victim was a child, and the parents are still married, the parents may jointly or individually file a claim. If only one parent brings the claim, the other parent must be named in the lawsuit.
If the parents are divorced, the custodial parent can file the claim and won’t need to name the non-custodial parent as a defendant. The non-custodial parent may bring a claim as well. However, the parent would need to list the custodial parent as a defendant.